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BYRD v. STATE

No. 87-0926.

516 So.2d 107 (1987)

Frank BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 9, 1987.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Diane E. Leeds, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse the order sentencing appellant outside the guidelines. On remand from this court's first consideration of this case in Byrd v. State, 503 So.2d 434 (Fla. 4th DCA 1987), the trial court justified upward departure on the fact that "[t]he offense committed by this Defendant was extremely heinous in that the victim in this case was an eighty-six (86) year old, frail, blind person."

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